Results 1 to 10 of 10
  1. #1
    Join Date
    Jul 2003
    Location
    NH, USA
    Posts
    5
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Question about rights

    I'm in the process of developing a ccg called Mage Warfare. (http://www.magewarfare.com) Since I'm new at this, I'm trying to get some info on rights to the artwork. Seems to me the company would own the copyright to the art, but what about artists selling prints or publishing art books? How does all that work? We wouldn't mind that sort of thing; so long as it doesn't interfere with the sales of our game. Might even help. I'm just not sure how that works contractually. Can anybody help with this?
    Thanks
    Kevin Barrett
    Mage Warfare
    Where Realities Collide
    http://www.magewarfare.com


  2. Hide this ad by registering as a member
  3. #2
    Join Date
    Dec 2003
    Location
    Bulgaria
    Posts
    1,823
    Thanks
    16
    Thanked 30 Times in 18 Posts
    If you do the artwork in the employ of a company, and you do it for them, then they own the artwork because they are eessentially paying you for the rights. Aside from that I can't answer you question. I think one of the pros on the board will have to take care of that.

    I think you should clear up the situation a bit more. You are working for yourself, or for a company? And you want to use the game art for more than one pupose, correct?

    Es fließt durch meine Venen, Es schläft in meinen Tränen
    Es läuft mir aus den Ohren, Herz und Nieren sind Motoren


  4. #3
    Join Date
    Jul 2003
    Location
    NH, USA
    Posts
    5
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Actually, I'm the game company, not the artist. I assumed the art would be done as "Work for Hire" and that we would own the rights. The boilerplate contract I found in a book (published by Nolo) was very explicit about owning all rights. But what it didn't allow for (as far as I can tell) is for artists to sell prints at cons or to put out a collection of their art that might include their work for us.

    I know that in fiction, there are rights such as "First North American Serial". Are similarly delineated rights for artwork? It's my understanding that Magic lets artists sell prints. How does that work?

    Sorry for the lack of clarity. I hope that helps.
    Kevin Barrett
    Mage Warfare
    Where Realities Collide
    http://www.magewarfare.com

  5. #4
    Join Date
    Dec 2003
    Location
    Bulgaria
    Posts
    1,823
    Thanks
    16
    Thanked 30 Times in 18 Posts
    Well in that case I think it all boils down to permission. You are paying the artist for his work, then it therefore belongs to you as a whole, unless the contract is such as to change this.

    If not then he can only sell the art legally if you give him permission.

    Es fließt durch meine Venen, Es schläft in meinen Tränen
    Es läuft mir aus den Ohren, Herz und Nieren sind Motoren


  6. #5
    Join Date
    Jul 2003
    Location
    NH, USA
    Posts
    5
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Right, but the problem I'm having is how to handle this in a contract. Is there a right that I can grant them as part of our contract, or does the artist have to ask each time they want to, say, sell prints at a con? That seems like a pain for everyone involved.
    Kevin Barrett
    Mage Warfare
    Where Realities Collide
    http://www.magewarfare.com

  7. #6
    Join Date
    Dec 2003
    Location
    Bulgaria
    Posts
    1,823
    Thanks
    16
    Thanked 30 Times in 18 Posts
    Oy. I don't know that one.

    But maybe try asking over at cgtalk.com. They discuss things like this all the time and I am sure you can get lots of answers there.

    Es fließt durch meine Venen, Es schläft in meinen Tränen
    Es läuft mir aus den Ohren, Herz und Nieren sind Motoren


  8. #7
    Join Date
    Jul 2002
    Location
    Anti-Christchurch, New Zealand
    Posts
    692
    Thanks
    0
    Thanked 1 Time in 1 Post
    if i was you, i would invest in consulting a lawyer who specializes in this kind of thing. youll probly be saving yourself time and money in the long run. in fact, i wouldnt be taking legal advice from anyone but a lawyer (no offense dfacto.)
    ...so what if i'm bored, and ordinary?...

    currently playing: Super Mario 64 DS, ICO (grrrr....)

  9. #8
    Join Date
    Dec 2003
    Location
    Bulgaria
    Posts
    1,823
    Thanks
    16
    Thanked 30 Times in 18 Posts
    None taken nil, thats good advice.

    Es fließt durch meine Venen, Es schläft in meinen Tränen
    Es läuft mir aus den Ohren, Herz und Nieren sind Motoren


  10. #9
    Join Date
    Jul 2003
    Location
    NH, USA
    Posts
    5
    Thanks
    0
    Thanked 0 Times in 0 Posts
    It is good advice. The problem is money. We will have funding available to produce the cards, but it's limited both in dollar amount and what it can be used for - production only. So a lawyer consultation would have to come out of my pocket. I've tried agencies that provide free legal consultations, but they don't allow for this kind of thing. There is a lawyer I know who is willing to go over an existing contract for free, but to have him create one, I'd have to pay. So, if I can get some more info, I can put together a draft for him to look at before I send it out.
    Kevin Barrett
    Mage Warfare
    Where Realities Collide
    http://www.magewarfare.com

  11. #10
    Join Date
    Dec 2003
    Location
    Bulgaria
    Posts
    1,823
    Thanks
    16
    Thanked 30 Times in 18 Posts
    In that case go to cgtalk.com and ask them. They know more about this stuff.

    Es fließt durch meine Venen, Es schläft in meinen Tränen
    Es läuft mir aus den Ohren, Herz und Nieren sind Motoren


Similar Threads

  1. Replies: 3
    Last Post: June 30th, 2014, 07:49 AM
  2. Replies: 7
    Last Post: August 3rd, 2011, 02:59 PM
  3. legal rights
    By otis in forum Education & Schools for Artists
    Replies: 0
    Last Post: November 7th, 2002, 08:15 PM
  4. Legal Rights
    By otis in forum Artist Lounge
    Replies: 0
    Last Post: November 7th, 2002, 01:07 PM

Members who have read this thread: 0

There are no members to list at the moment.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Designed by The Coldest Water, we build the coldest best water bottles, ice packs and best pillows.